AGREEMENT between the

Board of Directors

Tacoma School District No. 10 and the

Tacoma Federation of

ParaEducators

Local 461, AFT/AFL-CIO

September 1, 2017- August 31, 2020

Tacoma, Washington

TACOMA SCHOOL DISTRICT #10

BOARD OF DIRECTORS

Catherine Ushka, President

Andrea Cobb, Vice President

Debbie Winskill

Scott Heinze

Karen Vialle

SUPERINTENDENT

Carla J. Santorno

Tacoma Federation of ParaEducators

Local 461, AFT/AFL-CIO

3049 South 36th St., Suite 214

Tacoma, WA 98409

(253) 473-2033

Tacoma School District No. 10

P.O. Box 1357

Tacoma, WA 98401-1357

(253) 571-1000

TABLE OF CONTENTS PREAMBLE ....................................................................................................................... 1 ARTICLE I

DEFINITIONS AND RECOGNITION ........................................................................ 1 Section 1. Definitions................................................................................................... 1 Section 2. Recognition, Unit Designation and Labor Management Meetings ............ 2

ARTICLE II

MANAGEMENT RIGHTS .......................................................................................... 2 Section 3. Management Rights .................................................................................... 2

ARTICLE III GRIEVANCE PROCEDURES .................................................................................... 3 Section 4. Guidelines ................................................................................................... 3 Section 5. Steps ............................................................................................................ 4

ARTICLE IV GENERAL AGREEMENT PROVISIONS .................................................................. 5 Section 6. Negotiation Procedures ............................................................................... 5 Section 7. Equitable Treatment .................................................................................... 6 Section 8. Rights of the Federation .............................................................................. 6

ARTICLE V WAGES AND BENEFITS ........................................................................................... 8 Section 9. Wages .......................................................................................................... 8 8. Insurance Benefits .................................................................................................. 10 Section 10. Professional Development ...................................................................... 13 Section 11. School Year ............................................................................................. 16 Section 12. Additional Hours and/or Compensatory Time ........................................ 16 Section 13. Sign Language Interpreters ..................................................................... 17 Section 14. Summer School ....................................................................................... 17

ARTICLE VI GENERAL CONDITIONS ........................................................................................ 17 Section 15. Program Procedures ................................................................................ 17 Section 16. Personnel Files ........................................................................................ 21 Section 17. Seniority ................................................................................................. 21 Section 18. Assignments and Transfers ..................................................................... 22 Section 19. Hiring Process ......................................................................................... 23 Section 20. 420-Hour Employees .............................................................................. 24 Section 21. Administrative Transfer .......................................................................... 24 Section 22. Classification........................................................................................... 25 Section 23. Layoff and Recall .................................................................................... 26 Section 24. Employee Performance ........................................................................... 29

2. Unsatisfactory Performance/Probation ............................................................. 31 Section 25. Leaves ..................................................................................................... 33

Section 26. Damage to Car/Damage or Loss to Personal Property ........................... 38

ARTICLE VII DISCIPLINE AND DISCHARGE ............................................................................. 39 Section 27. Guidelines ............................................................................................... 39 Section 28. Progressive Discipline ............................................................................ 40

ARTICLE VIII FURTHER PROVISIONS .......................................................................................... 41 Section 29. Agreement Clause ................................................................................... 41 Section 30. Savings Clause ........................................................................................ 41 Section 31. Amendment Clause ................................................................................. 41 Section 32. Copies of Agreement Clause .................................................................. 42 Section 33. Duration Clause ...................................................................................... 42 Section 34. Reopeners ................................................................................................. 42

AGREEMENT .................................................................................................................. 43 Memorandum of Understanding Regarding Family Resource Coordinator Placement .......................................................................................................................... 44 Memorandum of Understanding Regarding Regular Class Coverage by ParaEducators .................................................................................................................. 45 Memorandum of Understanding Regarding ParaEducator Classification Review and Classification of ASL Interpreters .................................................................................... 46 APPENDIX I - Salary Schedule ....................................................................................... 48 APPENDIX II - 2017-2018 School Calendar ................................................................... 49 APPENDIX III - 2017-2018 182 10-month Day Work Schedule .................................... 50 APPENDIX IV - 2017-2018 247 12-month Day Work Schedule .................................... 51 APPENDIX V - 2017-2018 Performance Evaluation Form ............................................ 52 APPENDIX VI - 2013-2014 Personal Professional Growth Plan .....................................54 APPENDIX VII - Request for Compensation for Covering a Class Form ....................... 55 APPENDIX VIII - ParaEducator Pre-Approved Request to Perform Extra Work for Compensatory Time/Extra Pay Form ............................................................................... 56 APPENDIX IX – Cell Phone Text Stipend Authorization Form ...................................... 57

1

PREAMBLE 1 2 The following articles of this Agreement constitute the full and complete agreement by 3 and between the Board of Directors of Tacoma School District No. 10 and the Tacoma 4 Federation of ParaEducators, Local No. 461, AFT/AFL CIO. 5 6 The parties hereto agree as follows: 7 8

ARTICLE I 9 DEFINITIONS AND RECOGNITION 10

11 Section 1. Definitions 12 13 1. Board: Board of Directors of Tacoma School District No. 10. 14 15 2. District: Tacoma School District No. 10. 16 17 3. Employee: Any employee of the District covered by this Agreement. 18

19 4. Involuntary Transfer: A change not initiated by an employee, moving said 20

employee from an employee’s current position to a placement into a position at a 21 different worksite. 22

23 5. Regular Employee: An employee scheduled to work the equivalent of at least four 24

(4) hours per day for the school year or any employee who works in an extra help 25 assignment exceeding 420 hours in the same assignment during the school year. 26 27

6. Seniority: Consists of continuous service of employee as a ParaEducator within the 28 District. 29

30 7. Short-hour employee: An employee scheduled to work less than four (4) hours per 31

day and fifteen (15) hours per week for the student school year. Said employee shall 32 receive the hourly rate of pay only and no other contractual benefits. A short-hour 33 employee must work no more than 540 hours in a school year. 34

35 8. Substitute Employee: An employee hired for an extra help assignment of 420 hours 36

or less in the same assignment during the school year, or hired to replace an absent 37 employee, or hired to temporarily fill a vacancy. Said employee shall receive the 38 substitute rate of pay and other contractual benefits as per this contract. 39

40 9. Superintendent: Superintendent of Schools of Tacoma School District No. 10. 41 42 10. Federation: Tacoma Federation of ParaEducators, Local #461, AFT/AFL CIO. 43

44 45

46

2

Section 2. Recognition, Unit Designation, and Labor-Management Meetings 1 2 1. Recognition: The Board recognizes that the Federation is the exclusive 3

representative of all employees in the bargaining unit described in subsection two (2) 4 of this section with respect to grievance procedures and collective negotiations on 5 personnel matters, including wages, hours and working conditions, which may be 6 peculiar to the bargaining unit. 7 8

2. Bargaining unit: The bargaining unit to which this Agreement is applicable is 9 composed of all ParaEducators including substitutes employed by the District. 10 Bargaining unit substitutes shall include only those who have worked for thirty (30) 11 calendar days within the current school year, or 30 calendar days in the immediate 12 preceding school year and who continue to be available to work. Substitutes cannot 13 combine the days from the two (2) combined school years to reach thirty (30) days. 14 15

3. Labor-Management: At least monthly, or at the written request of the District or the 16 Federation, labor-management meetings shall be held to discuss issues of mutual 17 interest to the parties; to resolve concerns regarding the interpretation and 18 implementation of the collective bargaining agreement and to provide an opportunity 19 for the Federation to provide feedback on District operations and direction. The 20 principles of interest-based decision-making will be used to organize discussions at 21 labor-management meetings. In addition, the Federation President and the Assistant 22 Superintendent of Human Resources or designee shall establish a calendar of regular 23 meetings, frequency to be mutually agreed to. 24

25 a. In no event, can agreements reached in labor-management meetings abridge, add 26

to, or subtract from the collective bargaining agreement, provided however, that 27 such agreements may be made subject to ratification by the Federation and the 28 Tacoma School District No. 10 Board of Directors. 29 30

b. The Federation may include up to four (4) employee representatives, inclusive of 31 the President. The Assistant Superintendent for Human Resources and up to two 32 (2) additional members shall represent the District. Other resource personnel shall 33 be available upon request by either party. 34

35 ARTICLE II 36

MANAGEMENT RIGHTS 37 38 Section 3. Management Rights 39 40 1. The right to make reasonable rules and regulations shall be considered acknowledged 41

functions of the District. In making rules and regulations related to personnel policies, 42 procedures and practices, and matters of working conditions, the District shall give 43 due regard and consideration to the rights of the Federation and the employees, and to 44 the obligations imposed by this Agreement. 45

46

3

2. It is agreed that the customary and usual rights, powers, functions, and authority of 1 management are vested in management officials of the District. Included in these 2 rights in accordance with applicable laws and regulations are the right to direct the 3 work force; the right to hire, promote, retain, transfer and assign employees in 4 positions; the right to suspend, discharge, demote, or to take other disciplinary action 5 against employees; and the right to release employees from duties because of lack of 6 work or other legitimate reasons. The District shall retain the right to maintain 7 efficiency of the District operation by determining the methods, the means, and the 8 personnel by which such operations are conducted. 9

10 ARTICLE III 11

GRIEVANCE PROCEDURES 12 13 Section 4. Guidelines 14 15 1. A grievance is a claim based upon an alleged violation or misapplication of the 16

provisions of this agreement and/or District policies and procedures. 17 18 2. The intent of a grievance procedure is to provide a fair and respectful way to resolve 19

disputes between the Federation and the District. Every effort should be made by 20 both parties to resolve and settle these differences at the lowest possible level. 21 22

3. Any reference to "days" in this Article shall be understood to mean work days. 23 24

4. Any member of the bargaining unit filing a grievance shall have the right to 25 Federation representation at any and all levels of the proceedings. 26

27 5. Any individual involved in grievance proceedings as a grievant, a witness, a 28

representative, or otherwise, shall not suffer any restraint, interference, 29 discrimination, coercion, or reprisal as a result of his or her reasonable participation 30 in the process. 31

32 6. Grievances may be settled at any step, and nothing in this agreement shall preclude an 33

informal settlement, agreed upon by both parties, at any step contained in this 34 process. 35

36 7. Timelines within this process shall be strictly adhered to, unless extended by mutual 37

agreement. Extensions to established timelines may be granted by mutual agreement 38 between Human Resources and the Federation not to exceed fifteen (15) days. Such 39 agreement will be documented in writing and needs to be received by 40 timeline/deadline. 41

42 8. If the grievance is not filed within forty-five (45) days of the act or the creation of the 43

condition on which the grievance is based, then the grievance shall be waived. 44 45

4

9. The Federation shall be the sole and exclusive bargaining representative in the 1 processing of all grievances. 2

3 10. Any individual within the bargaining unit may file a grievance and carry it through 4

Step II. Pursuing a grievance beyond Step II requires that the Federation assume full 5 and complete control of such an action. 6

7 11. A grievance may be filed by the Federation if it is an alleged contract violation. At 8

the Federation's discretion, such grievances may be filed at Level II and processed as 9 if the Federation were an employee. If no employee is named in the grievance, the 10 Federation must provide sufficient information to permit the District to investigate, 11 resolve or adjudicate the grievance. 12

13 Section 5. Steps 14 15 1. Level I-Informal: An employee with a grievance shall discuss the grievance first 16

with his/her immediate supervisor. Every effort shall be made to resolve the 17 grievance at this level in an informal manner. 18

19 2. Level II – Written Informal: Any dispute or alleged agreement violation shall be 20

submitted in writing, on an Official Grievance Form, to the employee’s supervisor. 21 Within ten (10) work days of its receipt, the supervisor shall schedule a meeting with 22 the affected parties within five (5) work days. A representative from Human 23 Resources or designee may attend the meeting at the request of either party. The 24 supervisor shall send the employee and the Federation a written summary of the 25 outcome of the meeting within ten (10) work days of the meeting. 26

27 3. Level III – Formal: If no resolution has been reached, the aggrieved party is not 28

satisfied with said resolution, or no decision has been made within ten (10) work days 29 of the Level II meeting, the grievance may be submitted to the Assistant 30 Superintendent for Human Resources. Within ten (10) work days of receipt a 31 meeting with the affected parties or a hearing with the Superintendent or designee 32 shall be scheduled. Fifteen (15) work days after the meeting or hearing the District’s 33 decision on the disposition of the grievance shall be rendered. Any settlement of the 34 grievance shall be implemented in a timely manner within the technical ability of the 35 District. 36

37 4. Level IV- Alternative Dispute Resolution: If the Federation is not satisfied with the 38

District’s decision they shall have five (5) work days to submit the grievance, along 39 with a written request for Alternative Dispute Resolution (ADR), to the 40 Superintendent. Within five (5) work days of receipt, the Superintendent, or 41 designee, and the Federation shall mutually agree to one of the following, or other 42 mutually acceptable, forms of ADR in an attempt to resolve the matter: 43

44 a. Settlement between the parties; or 45 46

5

b. Mediation utilizing the services of either the Public Employment Relations 1 Commission (PERC) or the Federal Mediation and Conciliation Services (FMCS). 2

3 5. Level V- Binding Arbitration: If no resolution is reached in Level III, the 4

Federation shall have fifteen (15) work days to opt for binding arbitration by 5 informing the Superintendent in writing and requesting a list of at least five (5) 6 arbitrators from the American Arbitration Association or the Public Employment 7 Relations Commission (PERC). Within ten (10) work days of receiving the list, 8 representatives from the Federation and the District shall meet to mutually decide 9 upon an arbitrator. 10

11 a. The arbitrator's findings will be submitted in writing as soon as possible to the 12

Federation and the District, and shall set forth findings of fact, reasoning and 13 conclusions on the issues submitted. The arbitrator's decision shall be consistent 14 with existing statutes and shall be binding on both parties. 15 16

b. The fees and expenses of the arbitrator shall be shared equally by the Federation 17 and the District. All other incidental costs, such as filing fees or requests for 18 stenographic records, shall be borne by the requesting party. Each party will bear 19 its own costs of arbitration, including attorney fees. Fees that are charged by an 20 arbitrator for cancelling or postponing an arbitration hearing shall be paid by the 21 party who initiates the cancellation or postponement, unless the District and 22 Federation mutually agree to other arrangements. 23

24 6. Both parties will commit to upholding timelines as stated. The District, in 25

consultation with the Federation, will develop and use an instrument to communicate 26 specific timelines related to the grievance. Failure to meet timelines will result in 27 discussion and action during regularly scheduled labor-management meetings. 28

29 ARTICLE IV 30

GENERAL AGREEMENT PROVISIONS 31 32 Section 6. Negotiation Procedures 33 34 1. The parties shall initiate collective bargaining at least ninety (90) days prior to the 35

expiration date of the Agreement. The Federation and District negotiating teams shall 36 be trained in interest-based negotiations prior to the expiration date of the Agreement 37 and shall decide if such a negotiations process shall be utilized in bargaining the 38 successor agreement. 39

40 2. It is agreed that authorized representatives of the Board and the Federation will meet 41

to discuss job classification and wage rates before the annual District budget is 42 adopted. 43

44 3. Negotiations shall be conducted at mutually agreeable times. Up to five (5) 45

negotiators for the Federation will be released from school during the school year 46

6

without loss of pay when negotiation sessions are scheduled during the student school 1 day. 2

3 4. Every effort will be made to complete negotiations by the termination date of this 4

Agreement, except when extended by mutual consent of the parties. 5 6 5. Agreements reached between the parties to this Agreement shall become effective 7

only when signed by authorized representatives of the Board and the Federation after 8 ratification. 9

10 11 Section 7. Equitable Treatment 12 13 1. Staff shall exhibit mutual respect for one another particularly when students and/or 14

parents are present. The education environment will be a safe and civil workplace for 15 staff and students as outlined in Board Policy 5207. 16 17

2. The Tacoma School District and the Tacoma Federation of ParaEducators agree to 18 comply with all state and federal guidelines and/or regulations. Therefore, all 19 applicants seeking employment opportunities will be considered and will not be 20 discriminated against on the basis of race, color, national origin, sex or disability. 21 This is in accordance with Title VI of the 1964 Civil Rights Act; Section 504 of the 22 Rehabilitation Act, 1973, as amended; Title IX of the Education Amendments of 23 1972, as amended and Chapter 28A. 642 RCW. The District shall not discriminate 24 against any employee in violation of this Agreement and/or, state and federal laws, 25 rules, and/or regulations. The Board agrees that it will not discriminate against 26 employees because of their membership or non-membership in employee 27 organizations. 28

29 3. Planning and implementation of staff diversity is the responsibility of the District and 30

a key component of each school, including, but not limited to school improvement 31 plans (SIP). Copies of the SIP are made available online and/or upon request. 32 33

34 Section 8. Rights of the Federation 35 36 1. Representation Fee: No employee will be required to join the Federation; however, 37

those employees who are not Federation members but are members of the bargaining 38 unit will have deducted from their salaries a representation fee. The District is 39 authorized to deduct the required amount from each monthly paycheck. The amount 40 of the representation fee will be determined by the Federation and communicated to 41 the Business Office in writing. The representation fee shall not include a political 42 contribution. The representation fee shall be regarded as fair compensation and 43 reimbursement to the Federation for fulfilling its legal obligation to represent all 44 members of the bargaining unit. 45

46

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2. In the event that the representation fee is regarded by an employee as a violation of 1 his/her right to nonassociation, such bonafide objections will be resolved according to 2 the provisions of RCW 41.56.122 and the appropriate WAC. 3

4 3. The Federation agrees to defend, indemnify, and hold the District harmless (suits by 5

the District excepted) against any and all claims, suits, orders, or judgments brought 6 or issued against the District pursuant to proper implementation of this section 7 contingent upon the District's agreement that the Federation shall be authorized to 8 defend such suit through an attorney of the Federation's own choosing. 9

10 4. Bulletin Boards: The Federation may post notices of its activities and matters of 11

organizational concern on the staff bulletin board(s) in accordance with District 12 regulations and rules of each school. 13

14 The Federation agrees not to post information which is libelous, slanderous, not in 15 good taste, or in support of any political cause or candidate. The Federation is 16 responsible for the prompt removal of any notices or bulletins that have become 17 outdated. 18

19 5. Building Use: The Federation may use District buildings and equipment with 20

replacement of consumable supplies for meetings and activities in accordance with 21 District policies for use of school facilities providing such meetings and activities will 22 not interfere with nor interrupt the normal school operations. 23 24

6. Delivery Service: The Federation may use the intra district delivery service provided 25 said use does not violate federal or state statute and does not require added costs for 26 the District. The Federation shall indemnify and hold the District harmless for all 27 actions and costs that may result from such use of the District mail service by the 28 Federation. 29

30 7. Communications: The Federation shall have the sole and exclusive right to 31

communicate with employees represented by the Federation through use of District 32 mailboxes and email in the building and use of staff bulletin boards, except as 33 provided by law. The Federation may use District email for informational 34 communication excluding organizing labor actions or political lobbying. In 35 implementing this section the only requirement of the District is to notify each 36 competing organization that the Federation has the aforementioned sole and exclusive 37 right. 38

39 8. School Visitation: The President of the Federation, or a designee, may visit schools 40

after prior notifications to the building principal provided that this will not interfere 41 with nor interrupt normal operation of the school. Said person will check in through 42 the school's office. 43

44 9. Released Time: The District will provide, at District expense, twenty (20) days of 45

released time per year for the Federation President or designee. In addition, the 46

8

Federation President or his/her designee shall be allowed eight (8) days per month to 1 accumulate annually to a maximum of eighty (80) days leave with pay. The 2 Federation shall reimburse the District for the cost of the substitute. The leave shall 3 not be granted if the purpose violates Ch. 41.56 RCW. 4

5 The Federation will notify the District of its intention to use such leaves in advance 6 and in accordance with the District procedures. The purpose of the leave shall be 7 clearly stated. 8

9 10. Employee List: The District will provide the Federation with the following 10

employee information on a monthly basis from September to June: Name, address, 11 position, location code and salary schedule code. 12

13 11. Job Descriptions: Upon request the District shall furnish the Federation with copies 14

of specific job descriptions subject to this Agreement. Individuals may request and 15 receive their own job descriptions at any time. Any significant changes in position 16 descriptions covered by this Agreement or the creation of new positions covered by 17 this Agreement will be brought forward to the Federation at Labor Management for 18 discussion prior to finalization of the changes being implemented. 19

20 21 22

ARTICLE V 23 WAGES AND BENEFITS 24

Section 9. Wages 25 26 1. Wages: For each year of the Agreement wages shall be increased by an amount 27

equal to state pass through percentage for classified employees in addition to earned 28 service increments as appended herein. In the 2017-18 school year the District will 29 provide an additional 2.5% increase; 1.5% in the 2018-19 school year, 1.5% increase 30 in the 2019-20 school year. ParaEducators shall receive a $0.25 per hour longevity 31 incentive in September following the conclusion of their fifteenth (15) year and 32 following their twentieth (20) year. 33 34

2. Work Outside the Normal Workday: ParaEducators required to work outside the 35 normal work day by the building principal or immediate administrative supervisor 36 shall be compensated at her/his normal hourly rate of pay in compliance with 37 applicable FLSA regulations. At the employee's request, with supervisory approval, 38 compensatory time may be granted, see Section 12. 39

40 ParaEducators are encouraged to participate in District committees and on Site 41 Centered Decision Making (SCDM) teams within their assigned school and shall be 42 compensated consistent with funding sources and as determined by the SCDM 43 process and the Fair Labor Standards Act. 44

45

9

3. Service Increments: To qualify for a service increment, an employee must have had 1 a minimum of ninety (90) days worked and/or paid days of leave within the 2 authorized work year in a permanent position as a regularly employed ParaEducator 3 with the District. 4

5 4. Pay Rate Following New Classification: When a ParaEducator’s position is 6

reclassified to a higher position, or when a ParaEducator transfers to a position with a 7 higher classification, the ParaEducator will be placed in the salary schedule column 8 of the new classification that is closest to the ParaEducator’s current rate of pay, plus 9 at least $.25 per hour. Pay will be retroactive to the first day of the new assignment. 10

11 5. Credit for Prior District Service: A former ParaEducator employee who returns to 12

a ParaEducator position with the District within five (5) years of date of separation 13 will be reappointed on the same step on the salary schedule and will be credited for 14 years of service, and all accumulated sick leave the employee had at the time 15 employment ended. However, sick leave may not be reinstated if the sick leave days 16 have been used while employed by another employer or paid pursuant to the 17 attendance incentive program (sick leave buy-back). 18

19 6. Credit for Prior Experience: 20

21 a. ParaEducators hired by Tacoma School District with start dates on or after 22

August 29, 2013, will be granted Washington State Public School 23 ParaEducator experience for purposes of salary placement. Review of 24 experience will be based on receipt of valid, documented Verification of 25 Experience as required by the District. 26 27

b. ParaEducators, excluding LPNs, assigned to positions requiring specific 28 licensing may be given up to two years of directly-related, paid occupational 29 experience for advancement on the salary schedule. 30 31

c. Health Room Assistant Nurses (LPNs) may be awarded all occupational 32 experience earned after having obtaining an LPN license for the purpose of 33 step placement on the salary schedule. 34 35

d. The District will use information provided from previous employers via the 36 Verification of Previous Experience form(s) to determine applicable 37 experience. 38 39

e. Seniority will be calculated using Tacoma School District experience only. 40 41 7. Payment of Wages 42 43

a. A ParaEducator will be paid in twenty-four (24) equal installments in accordance 44 with the District's payroll procedures, payable not later than the 5th and 20th of 45 each month, normally beginning September 20. 46

10

1 b. Exception: When program funding guidelines dictate that monies must be 2

expended within a specific period of time or revert back to the funding source, 3 affected ParaEducators may be paid the balance of their earned compensation on 4 or before June 30. 5

6 c. ParaEducators hired after March 8 will be paid in equal installments for each pay 7

period between their date of hire and the last pay period for the year. 8 9

d. All bargaining unit employees will have their pay warrants deposited by 10 automatic payroll deposit to an institution(s) of their choice. 11

12 e. Upon the employee’s written authorization, the District will deduct an employee’s 13

monthly Federation dues and contributions to the AFT-COPE in accordance with 14 District procedures. 15

16 f. The district will deduct from the employee’s salary the authorized voluntary 17

and/or mandated remittances to the designated financial institutions. 18 19

8. Insurance Benefits 20 21

a. All insurance programs shall be offered to the employees through the Sound 22 Partnership (hereinafter "TRUST"), unless otherwise expressly provided for the 23 term of this Agreement. 24

25 b. In keeping with the powers and responsibilities as described in the TRUST 26

document, the trustees shall determine the benefits to be provided and the 27 contributions required of eligible full-time and eligible part-time plan participants. 28 The TRUST shall offer Long-Term Disability, Group Term Life, Vision, Dental 29 and Health insurances. 30

31 c. The District shall provide an insurance benefit contribution to the TRUST of the 32

State allocation amount per month designated for current employees, per eligible 33 FTE. 34

35 d. Eligibility: An employee is eligible for insurance benefits if the employee’s 36

regular working assignment is for at least four (4) hours per day. Hours worked 37 per day will have benefits pro-rated appropriately: 38 39

Hours per Day

Pro-Rated at

FTE Used for Insurance Benefits

8.00 7 hours 1.0 7.75 7 hours 1.0 7.50 7 hours 1.0 7.25 7 hours 1.0 7.00 7 hours 1.0

11

6.75 7 hours .964 6.50 7 hours .928 6.25 7 hours .892 6.00 7 hours .857 5.75 8 hours .718 5.50 8 hours .687 5.25 8 hours .656 5.00 8 hours .625 4.75 8 hours .593 4.50 8 hours .562 4.25 8 hours .531 4.00 8 hours .500

1 2

e. The insurance benefit contributions and provisions contained in this section shall 3 remain in full force and effect for the duration of the agreement and may be 4 reopened for negotiations only in the following events unless otherwise provided 5 for in this agreement: 6

7 i. Legislation is passed which requires fringe benefit coverage from another 8

source; 9 ii. Any provision of this section does not comply with the law; or 10

iii. The TRUST is dissolved or considers dissolving. 11 12 9. Compensation for Overnight Student Activities: ParaEducators authorized to 13

participate in an overnight activity shall receive six (6) hours of compensation at their 14 regular hourly rate of pay, calculated at time and one-half if applicable when 15 supervising students in addition to authorized hours worked for each night. 16

17 10. Pay Rate/Extra Pay: ParaEducators employed for extra pay for extra work outside 18

of their regular assignment will be paid at their regular hourly rate of pay, calculated 19 at time and one-half if applicable. Work outside of their regular work must be pre-20 approved, except in the event of an emergency or necessary immediate action. 21

22 11. Travel Allowance: Employees approved by the Superintendent or designee to use 23

their private vehicles to travel on school business or school related functions, as 24 approved by the immediate administrator, shall be compensated at the IRS established 25 rate. 26

27 Travel from home to work and from work or last place of call to home is not 28 reimbursable. 29

30 12. Pay Rate/Summer School: Regular employees who work for a summer school 31

program will be paid their regular rate of pay. Non-regular employees will be paid 32 the substitute rate of pay. 33

34

12

13. Substitute Rights: The District will pay ParaEducator substitutes the hourly rate 1 equivalent to PA-2, Step B of the current ParaEducator Salary Schedule. The District 2 will pay a rate differential to substitute ParaEducators in licensed positions including 3 but not limited to designated programs in Special Education. The District may, at its 4 discretion, pay a rate differential to substitute ParaEducators in specialized 5 assignments. 6

7 In addition, a pay differential for retirees may also be established. Substitutes are 8 subject to all rights within this agreement except for the following: 9 10

• Article V. Section 9.1-12, 14 11 • Article V. Section 10, 11 and 12 12 • Article VI. Section 24 and 25 13

14 Substitute ParaEducators shall have the right to bring issues to the proper District 15 personnel and have rights under Article III Grievance procedures up to Level II of the 16 Grievance procedures. 17 18 The District shall be responsible to pay substitute ParaEducators for any required 19 training, i.e. Mandt, First Aid/CPR etc. Substitutes will be allowed to attend 20 Professional Development classes when space permits, without pay. 21 22 For each year of the Agreement, wages shall be increased by an amount equal to the 23 state pass through percentage for classified employees. 24 25

26 14. Holidays 27 28

a. All employees shall receive the following paid District observed holidays: 29 30

Veterans’ Day Thanksgiving Day Day after Thanksgiving

December 24 December 25 December 31

January 1 Martin Luther King, Jr. Day Presidents’ Day

Memorial Day Labor Day (In such school years when Labor Day is included in the school year.)

31 b. Employees will be paid for District-observed holidays that fall within their 32

assigned work year. 33 34

c. Eligible employees shall receive pay equal to their regular hourly rate. 35 36

13

d. Employees who are required to work on the above described holidays shall 1 receive the pay due them for the holiday in addition to their regular rate of pay for 2 all hours worked on such holidays. 3

4 15. Lunch/Breaks 5 6

a. All employees who work five (5) or more hours per day will be entitled to a one-7 half hour, non-paid, duty free lunch period. 8

9 b. Seven (7) and eight (8) hour employees shall be entitled to two (2) paid fifteen 10

(15) minute breaks during the work day. Breaks may not be taken the first or last 11 fifteen minutes of the work day. 12 13

c. Employees who work at least four (4) hours but less than seven (7) hours shall be 14 entitled to one (1) paid fifteen (15) minute break during the work day. 15 16

d. Employee schedules, including breaks and lunch periods, shall be posted at each 17 work site. 18

19 Section 10. Professional Development 20 21 1. Staff Development/Optional Hours: ParaEducators working twenty (20) or more 22

hours weekly may participate in District-authorized workshops. ParaEducators shall 23 be compensated at their regular pay rate or at time and one-half if the number of 24 hours worked exceeds forty (40) hours in a work week. A work week is defined as 25 Sunday through Saturday. 26

27 2. The number of in-service hours available to a ParaEducator shall be forty-two (42) 28

hours for a 1.0 full time equivalent (FTE) and shall be prorated for employees with 29 lesser than a 1.0 FTE assignment. See the table in this section for hours breakout 30 based on FTE. 31

32 3. The ParaEducators may choose to: 33 34

a. Use their allocated in-service hours for pay during non-work hours for approved 35 professional development activities, or 36 37

b. Attend workshops, job exchanges or classes without a loss of pay during their 38 regular work day and the District will provide a substitute in lieu of in-service 39 pay. Requests for a substitute for such attendance must be made fifteen (15) work 40 days prior to their attendance. Requests for exceptions will be considered 41 dependent on the availability of substitutes. 42 43

c. Pay for registration, travel and tuition costs for approved professional 44 development. 45 46

14

d. A combination of the above. 1 2

4. Non-District-sponsored professional development activities must be approved in 3 advance by the assigned supervisor. Requests will not be arbitrarily denied. 4 5

5. District Option In-service/Training: In-service hours will be allocated to each 6 employee based on the following: 7 8

a. Approximately fifty percent (50%) of allocated hours will be for District 9 Directed/Required and Building-based or Department approved training. 10 11

b. The District shall notify the Federation no later than September 30 of each 12 year regarding the District’s intent to require such participation. Exceptions 13 may be made for additional District-mandated training. 14

15 c. Approximately fifty percent (50%) of allocated hours will be at the discretion 16

of the employee to be used in alignment with District Strategic Goals. At the 17 discretion of the District a ParaEducator may request to use remaining District 18 directed hours for individual choice activities so as to maximize the use of 19 District directed hours. Requests will be made to the Assistant Superintendent 20 of Human Resources or designee. 21

22 d. In-service hours will be paid at the employee’s regular rate of pay or at time 23

and one-half if the number of hours worked exceeds forty (40) hours in a work 24 week (Sunday-Saturday). 25

26 6. The percentages above are presented in whole-hour increments according to the chart 27

below. Training may be taken in no less than fifteen minute increments with the 28 exception of trainings in a sequence such as SafeSchools training. 29 30 31

FTE

Hours worked in a day

Building/SCDM Directed Hours

Employee Directed

Hours

Total Annual

PD Hours

1.000 8.0 21.0 21.0 42.0

0.938 7.5 20.0 20.0 40.0

0.875 7.0 19.0 19.0 38.0

0.813 6.5 17.0 17.0 34.0

0.750 6.0 16.0 16.0 32.0

0.700 5.6 15.0 15.0 30.0

0.625 5.0 13.0 13.0 26.0

15

0.594 4.8 12.5 12.5 25.0

0.500 4.0 11.0 11.0 22.0

1 2

In assignments where special training is required and the allocated hours are depleted 3 the employee may request additional paid training of the supervisor or program 4 director. 5

6 7. District Option In-service/Training: If the District, at its option, requires additional 7

training beyond district-directed hours, employees shall be compensated at the 8 employee’s regular rate of pay or the applicable presenter’s rate established by the 9 District. If the number of hours worked exceeds forty (40) hours in a work week 10 (Sunday – Saturday), the employee shall be compensated at time and one-half of the 11 employee’s regular pay rate. Employees who have exceeded forty (40) hours in a 12 work week (Sunday – Saturday) and are a presenter shall be compensated at the 13 established presenter rate at time and one-half. No disciplinary action shall be taken 14 by the District in the event that an employee is unable to attend such in-service 15 provided that an authorized absence has been approved. The ParaEducator will make 16 every effort to participate in the next available training offered. 17 18

8. Professional Development Recognition Award (PDRA): Successful completion of 19 thirty (30) hours of approved course work aligned with the District Strategic Goals 20 entitles each ParaEducator to a PDRA of $400 after the ParaEducator meets with 21 his/her supervisor/evaluator to discuss and provide evidence of the completed training 22 hours. An application form will be provided for this purpose. 23 24

a. A maximum of two (2) PDRA may be earned between September 1 and 25 August 31 of each year. 26

27 b. Training hours completed and not used toward a stipend will carry over one 28

school year. 29 30 c. Training completed on a non-student day (i.e. Waiver day, Data day) may be 31

used toward the PDRA stipend. Re-certifications which are required may be 32 used toward PDRA stipends. 33

34 d. Thirty hours of college-level class work as part of a degree program may be 35

submitted to the Professional Development Advisory Committee for 36 consideration of an Education stipend of $400 (limited to one per year). An 37 Education Stipend shall be considered one of the two eligible PDRA stipends 38 per year. 39

40 9. Advisory Committee: In order to provide ParaEducator input in defining the in-41

service needs of ParaEducator staff, three members selected by the Federation and 42

16

three representatives selected by the Superintendent shall be appointed to an advisory 1 committee. 2

3 10. Pay Rate/In-service Attendance: An employee who is authorized to attend a 4

District workshop, in-service, or curriculum development day for pay shall be 5 compensated at their regular pay rate or at time and one-half if the number of hours 6 worked exceeds forty (40) hours in a work week (Sunday – Saturday). 7

8 Section 11. School Year 9 10 The school year as it pertains to this Agreement is defined as 182 days except as the 11 school year may be modified by the Board. ParaEducators will be provided with work or 12 staff development opportunities equal to their regular daily shift on each of the student 13 waiver days that the District implements. ParaEducators, in consultation with their 14 supervisors, should prioritize building or program-based activities, training required for 15 the ParaEducator’s specific position, work related to the ParaEducator’s normal 16 assignments and then District-offered staff development in choosing activities for student 17 waiver days. 18 19 Twelve month ParaEducators will follow the OP/PT twelve-month work year calendar, 20 holidays and vacations. 21 22 Section 12. Additional Hours and/or Compensatory Time 23 24 1. An employee may not work additional work hours unless authorized in writing by the 25

employee's immediate supervisor (school principal or program administrator, not a 26 teacher). Said authorization may be made in advance of need in cases where the 27 additional time cannot be pre-determined. (i.e. Late buses, students not picked up on 28 time, interpreting). 29

30 2. With authorization, an employee may work flex time (moving hours of work from 31

one day within one week to another day within the same week, but not exceeding the 32 total hours of work authorized for that week) or additional hours beyond the 33 employee’s usual work week. Additional hours worked will be documented in 34 writing and certified by the employee and immediate supervisor. Additional hours 35 over forty (40) hours per week shall be at the time and one-half rate to be paid or 36 taken as compensatory time at employee's discretion with supervisory approval. 37

38 3. Compensatory time earned must be used prior to the end of the current school year. 39

Unused compensatory time will be cashed out at the end of the current fiscal year 40 (August 31). In the event that an emergency precludes the use of scheduled 41 compensatory time, the employee may request compensation or may reschedule 42 compensatory time use with the immediate supervisor. Compensatory time accruals 43 shall not exceed forty (40) hours at the time and one-half rate. 44

45

17

4. All compensatory time, optional hours, or extra pay for extra work shall be authorized 1 by the principal/supervisor prior to the overtime on a form which shall be mutually 2 agreed upon by the District and the Federation. See Appendix VII ParaEducator Pre-3 Approved Request to Perform Extra Work for Compensatory Time/Extra Pay Form. 4 Both the employee and the supervisor shall maintain a copy of the authorization 5 documentation. In the event that compensatory time is the choice of the employee in 6 lieu of pay, use will be pre-established and agreed upon by the employee and the 7 principal/supervisor. 8

9 Section 13. Sign Language Interpreters 10 11 1. The District will make reasonable effort to schedule work assignments for interpreters 12

that allows for appropriate rest from interpreting for each employee. This includes 13 employees who are assigned to work events that extend overnight. In the event an 14 employee has concerns regarding overuse of physical impact of extended periods of 15 continuous interpreting, the employee shall request a meeting with the appropriate 16 supervisor who shall make reasonable effort to find mutually agreeable solutions to 17 resolve the concern in a timely manner. 18

19 2. Reimbursement of cell phone text messaging costs at the rate of $10.00 per month 20

will be provided to interpreters based on demonstrated student need. The stipend may 21 be requested using the form found in Appendix VIII. This form must be approved 22 and signed by the supervisor and submitted to the Payroll department. 23

24 Section 14. Summer School 25 26 Summer school includes all programs operating during the period after a regular school 27 year and before the ensuing regular school year. 28

29 ARTICLE VI 30

GENERAL CONDITIONS 31 32 Section 15. Program Procedures 33 34 1. All ParaEducator staff including bus monitors shall receive instruction on their duties 35

and responsibilities prior to the first student day. ParaEducators hired after the first 36 day of the school year will be oriented to their responsibilities in a timely manner. 37 Bus monitors shall receive first aid instruction and instruction on other related topics. 38 A bus monitor may participate in District-authorized workshops/in-services, 39 including transportation department in-service which would enhance the employee's 40 job skills as a part of the negotiated workshop hours and is consistent with the 41 development of the ParaEducator's Professional Growth Plan. 42

43 2. The principal and/or program coordinator will meet with regular employees within 44

the first month of school to acquaint them with their job assignment. It is understood 45 that job assignments are not delimiting but are stated in general terms, and do not 46

18

preclude other appropriate assignments or responsibilities; provided, however, no 1 employee shall be required to perform errands and tasks of a personal nature for other 2 members of the staff. The principal will inform building staff of the employee's 3 scheduled work hours, and the requirement to scheduled duty-free lunch and rest 4 breaks, consistent with Section 9.15. 5

6 3. The principal or program coordinator or their designee will meet with newly hired or 7

transferring employees within five (5) work days of their arrival for the purpose of 8 orientation. Such orientation should include, but will not be limited to, instructions 9 regarding school rules, applicable District policies, program procedures, attendance 10 requirements including work hours and breaks, job duties and responsibilities, a tour 11 of the school or program facilities. 12

13 4. An employee working with students who have established medical care requirements 14

(non-emergency), will be advised of any specific District policies pertaining to the 15 employee’s responsibilities in such care before they are required to provide such care. 16

17 5. Any job assignment where the employee is given the responsibility of providing any 18

care relative to established medical requirements, the employee will be provided with 19 appropriate training before they are required to provide such care and will be 20 retrained upon request. 21

22 6. ParaEducators and Interpreters are school employees who work under the supervision 23

of a certificated/licensed staff member to support and assist in providing instructional 24 and other services to children and youth. This may require time to collaborate with 25 teaching staff, review behavior modification plans prior to working with the student, 26 prepare materials, familiarize themselves with the curriculum, set up learning spaces 27 or environments, write behavior referrals, and other work which is not a part of 28 student contact time. These duties will be performed in accordance with the Fair 29 Labor Standards Act (FLSA) requirements. When a ParaEducator or Interpreter is 30 unable to complete assigned duties and responsibilities during their work day, they 31 shall discuss the situation with their supervisor who is responsible to prioritize duties, 32 release them from the responsibility, or approve extra time. The certificated/licensed 33 staff member remains responsible for the overall conduct and management of the 34 classroom or program, including the development of lesson plans, and of the design, 35 implementation, and evaluation of the instructional program and student progress. 36

37 7. The teacher shall not abdicate his or her professional duties or responsibilities to a 38

ParaEducator. 39 40 8. In programs where a classroom is assigned to an ECEAP/Head Start Associate 41

ParaEducator and a designated program ParaEducator is assigned to work with the 42 Associate, the Associate ParaEducator is responsible for the class. 43

44

19

9. ParaEducators shall be compensated in compliance with the Fair Labor Standards Act 1 (FLSA) for required tasks performed at the direction of the principal/supervisor 2 which are beyond their work hours. 3

4 10. An employee who works outside the regularly scheduled 182-day work year shall 5

receive no additional benefits other than hourly wage unless that employee is 6 considered a twelve (12) month employee. 7

8 11. An employee may be required to cover a class in case of an emergency and/or other 9

necessary immediate action. 10 11

a. An emergency or other necessary immediate action is understood to mean a 12 sudden condition or state of affairs calling for arrangements when a regular 13 substitute cannot be secured, either because of a time factor or the unavailability 14 of a qualified substitute. 15

16 b. If it is evident that the emergency or other necessary action will extend beyond 17

one (1) hour and if time will permit a qualified certified substitute to cover at least 18 two (2) hours of the school day, he/she/they will be immediately called. If a 19 qualified certified substitute is not available, a qualified certified teacher within 20 the building will be sought to cover the class prior to requesting a ParaEducator to 21 cover the classroom. 22 23

c. In the absence of the regularly assigned teacher, a District-provided certificated 24 substitute shall be responsible for the class. If the ParaEducator has concerns 25 regarding the substitute’s readiness to address the needs of this assignment, the 26 ParaEducator shall notify his/her immediate supervisor of the concerns as soon as 27 possible. 28 29

d. In the event a certificated substitute or a certificated teacher is not provided or is 30 provided but not present in the classroom at all times within one-half (1/2) hour of 31 the onset of an emergency, a ParaEducator who is providing substitute coverage 32 shall receive regular pay and $10.00 per hour for each occurrence. 33 34

e. The additional compensation will commence from the time the employee begins 35 the classroom coverage. The ParaEducator will be provided a Compensation for 36 Covering a Class form. The form shall be completed by the ParaEducator and 37 shall be certified and submitted by the supervisor within three (3) work days of 38 the receipt of the form. 39 40

f. In the situation where more than one (1) ParaEducator is assigned to the 41 classroom, the immediate supervisor must designate a ParaEducator as the 42 authorized substitute to take responsibility and receive the stipend. The interpreter 43 will have the option of refusing to be the designated substitute. 44 45

20

g. In programs (such as Head Start and ECEAP) when the Associate ParaEducator is 1 absent, the designated program ParaEducator assigned to the program may be 2 given the assignment to take over the Associate's duties; and a substitute will be 3 called to assist the designated program ParaEducator. In this situation, the 4 ParaEducator shall receive their regular pay and $2.75 per hour. 5 6

h. An employee will not be required to move heavy boxes, furniture, desks or 7 cabinets. 8 9

12. An employee will not be required to use his or her private vehicle to transport 10 themselves, students, or other members of the public on a field trip, sports event or 11 for any other reason unless so stated in the job description. 12

13 13. No employee shall be required to work alone in any building before or after school 14

hours unless appropriate safety measures have been taken. 15 16

14. Whenever a regular bus monitor is available to work in the absence of another bus 17 monitor, or when a vacancy occurs which provides for additional hours, the most 18 senior qualified monitor available shall be offered the run/position. If that monitor 19 declines the run/position, then the next most senior available monitor will be offered 20 the run/position. Only if no qualified regular bus monitor is available will a substitute 21 be utilized. For purposes of this agreement, qualifications may include experience 22 and capability in working with the behavioral and physical characteristics of students 23 served on the run. In addition, the personal safety of staff and students may serve as a 24 qualifying factor in selection. 25

26 15. ParaEducators may have the option of accepting assignments for the purpose of 27

supervising District-approved transportation needs of their assigned student should 28 the need arise. 29

30 16. Student Discipline 31 32

a. School employees and administrators should work together in a mutually 33 supportive manner to maintain proper student conduct. 34

35 b. When a student’s behavior causes serious disruption, or violates the Student’s 36

Rights and Responsibilities and Regulations in the classroom or any other school 37 location, the employee shall report it to the principal/supervising teacher. 38 39

c. The ParaEducator shall be given effective support and such authority in student 40 discipline situations only as deemed appropriate by the principal or his/her 41 designee. Such support and authority shall be consistent with the law, the 42 Student’s Rights and Responsibilities and Regulations and the policies/procedures 43 of the District. 44 45

21

d. ParaEducators who are assigned supervisory duties will have immediate access to 1 certificated personnel during the supervisory period. 2 3

e. An employee may use such reasonable force as is necessary and lawful to protect 4 him or herself from attack or to prevent injury to another employee or student. 5 6

f. The Principal shall in turn report the assault to the Superintendent or designee and 7 shall notify the ParaEducator of disciplinary action taken. Any case of assault 8 upon an employee by a student, parent, guardian, or other employee shall be 9 promptly reported to the employee's supervisor. If the employee submits a 10 worker's compensation claim and the claim is approved for fourteen (14) days or 11 more, the employee will have the first three (3) days of the claim restored if sick 12 leave was charged to the employee for those three (3) days. 13 14

g. A student who commits assault on an employee in the performance of his/her 15 duties, including extra-curricular duties, shall be disciplined immediately 16 according to procedures established for this purpose. Such disciplinary action may 17 include expulsion or emergency expulsion whenever appropriate in accordance 18 with student due process rights. It is understood that specific legal requirements 19 and limitations apply to the discipline of special education or Section 504 20 students. 21 22

Section 16. Personnel Files 23 24 1. An employee may review the material in his or her personnel file(s) during regular 25

business hours. Said employee may have a Federation representative present if 26 desired. Copies of employee records shall be provided to the employee upon request, 27 consistent with District policies governing personnel records. Administrators shall be 28 encouraged to place in the employee's file information of a positive nature such as 29 special competencies. 30

31 2. Only District officials and/or authorized employees with a legitimate business reason 32

to know the contents of a personnel file shall be permitted access to an employee's 33 personnel file. 34

35 3. Unless an employee has provided written authorization for release of his/her 36

personnel records, the District shall not release any information to prospective 37 employers or other third parties, unless required by law. Requests for information by 38 prospective employers or other third parties shall be submitted in writing. 39

40 Section 17. Seniority 41 42 Seniority, according to this Agreement, shall consist of continuous service of the 43 employee as a ParaEducator with the District. Seniority among employees with the same 44 amount of seniority shall be determined by lot. Seniority will be restored for employees 45 who return to the District pursuant to Section 9.5. 46

22

1 Section 18. Assignments and Transfers 2 3 1. It shall be the policy of the District to staff positions with the best qualified person, 4

provided, however, agreed upon hiring, assignment and transfer procedures are 5 followed. 6 7

2. All transfers shall be made by the Human Resources Department. 8 9 3. ParaEducator employees shall not be precluded from applying and being considered 10

for any position vacancy in the District for which the employee is qualified. 11 12

4. Placement in any position is subject to program eligibility guidelines where and when 13 applicable. 14 15

5. ParaEducators are placed on the salary schedule according to classification. 16 17

6. The District and the Federation may jointly choose to designate some positions as 18 “hard to fill.” A signing bonus of $500 will be awarded for these positions. 19

20 7. A ParaEducator employee new to the District shall serve a probationary period not to 21

exceed sixty (60) work days. During this period the Board retains the right to dismiss 22 the employee without notice. 23 24

8. A regular employee is eligible for transfer after completion of sixty (60) work days 25 probationary period and an acceptable evaluation. If an evaluation rating of less than 26 acceptable is given to an employee, the evaluator will review the evaluation with the 27 employee on or before the end of the sixtieth (60th) work day. The employee cannot 28 be given a probation evaluation below an acceptable rating beyond the end of the 29 sixty (60) work days. 30

31 9. A regular employee may apply as an applicant for advertised positions during the 32

sixty (60) work day probationary period. If selected, said employee must complete a 33 sixty (60) work day probationary period in the new position. 34 35

10. In order to be considered for specific positions, displaced employees must apply for 36 those positions. 37

38 11. An employee who is involuntarily transferred by the District to a lower classification 39

which results in a lower rate of pay will be frozen at the hourly rate for one complete 40 school year (September – June). At the end of that school year, the employee will be 41 placed at the appropriate pay classification plus service increment. 42

43 12. An employee who is involuntarily transferred by the District to a higher classification 44

which results in a higher rate of pay will be paid at the appropriate higher rate. 45

23

13. Employees whose classifications change through the application and interview 1 process are given any applicable service increment and then placed on the 2 corresponding step of the new classification. 3 4

Section 19. Hiring Process 5 6

1. When new positions are created and/or as vacancies occur, they shall be advertised on 7 the District’s website and open for a period of five (5) work days except as otherwise 8 provided for in the Agreement. Selection shall be based upon the three (3) most 9 senior applicants meeting the minimum required qualifications; provided, however, a 10 minimum of three (3) candidates may be considered in final reviews from among the 11 following priority: 12 13 a. Regular employees and displaced employees; 14 b. Employees laid off in previous years; 15 c. Substitute ParaEducators; and 16 d. All others. 17 18

2. If there are fewer than three (3) qualified candidates for interview, the posting of the 19 position may be extended one week. If there continues to be less than three (3) 20 qualified candidates the District may opt to interview less than three (3) candidates 21 and may consider others. 22

23 3. If an employee is in an interview pool of three (3) and no applicant from that pool is 24

selected for the position, the employee may contact the Director of Classified Human 25 Resources to discuss the circumstances. 26

27 4. Vacant positions will be advertised within ten (10) work days of the vacancy. 28 29 5. Should a ParaEducator with at least fifteen (15) years’ experience with the District 30

not be selected for a position at the start of the school year, he/she shall be granted 31 Super Seniority and be placed at the head of the substitute pool. Wages and benefits 32 from their last permanent position shall be maintained for a period of two years. A 33 ParaEducator with Super Seniority must actively seek and apply for open positions 34 for which he/she is qualified. Should they refuse a third interview or employment 35 offer by the District, their Super Seniority shall be revoked. 36

37 6. When necessary, a substitute ParaEducator shall be placed in a vacant position until 38

the position is filled in order to prevent the disruption of District programs. When, in 39 the judgment of the District, a position cannot be filled within a reasonable time 40 frame, it will be filled the first (1st) work day of the month, no later than two (2) 41 months following the opening of the vacancy unless otherwise agreed to by the 42 Federation. 43

44 7. Fingerprint Reports: An applicant who subsequently receives a position with 45

Tacoma School District will follow all hiring procedures prior to his/her hire date. If 46

24

fingerprint/background reports are delayed, the District may, at its discretion record 1 the employee’s hire date prior to fingerprint/background reports being received by the 2 District. If upon receipt of the fingerprint/background report, the employee did not 3 disclose or did not disclose accurately the reported results, the District, at its 4 discretion, may terminate said person from employment with the District. Any person 5 released from employment via the named conditions above, shall waive his/her rights 6 to the grievance procedure or to an appeal of his/her termination. 7

8 Section 20. 420-Hour Employees 9 10 Substitute and temporary employees who work over 420 hours in an eligible position 11 default into “regular employee” status. The status of the “420-hour” employees and their 12 assignments for the following school year is as follows: 13 14 1. Any substitute employee who has secured his/her assignment for the school year by 15

exceeding 420 hours in the same substitute or temporary assignment will be 16 considered temporary with all rights of this Agreement except no displacement rights. 17 18

2. If the District determines that a position is not a continuing position, a plan for the 19 withdrawal of the substitute employee filling that position will be shared with the 20 employee no later than the 410th hour by the program supervisor. 21

22 3. Any assignments held by employees in Section 20.1 that are authorized for 23

continuation the following school year, will be advertised pursuant to the 24 requirements of any newly authorized positions. 25

26 4. Any fifteen (15) year ParaEducator, displaced pursuant to Section 19.5, who obtains a 27

position based on filling that position for 420 hours shall retain the position. If the 28 position is eliminated, the employee will be considered displaced. 29

30 5. 420 hour employees when displaced from position return to substitute status and will 31

have no displacement rights. 32 33

34 Section 21. Administrative Transfer 35 36 1. The administrative transfer of an employee from one (1) school, location or program 37

to another school, location or program, may be made when a different assignment is 38 deemed to be appropriate in order to meet the needs of the District. The appropriate 39 administrator will consult with the employee, the Federation and administrator to 40 whom the employee is assigned. The administrator will explain the purpose or need 41 for the transfer and solicit input from the parties. The affected employee may request, 42 within two (2) weeks of the initial notice, a meeting with the administrator for further 43 clarification. The administrative transfer of an employee will not be done arbitrarily 44 or capriciously. 45

46

25

2. When it becomes necessary to administratively transfer an employee due to a conflict 1 of personalities, and where it is evident that the effort has been made by the employee 2 to resolve the conflict and when to continue assignment in the same position would be 3 harmful to the employee or the program, the District, after consultation with the 4 employee and the Federation, may reassign the employee, without loss of pay, to 5 another position. Any administrative transfer of an employee which is not 6 disciplinary may not result in loss of pay to the employee. Administrative transfer 7 with loss of pay may occur only when included and spelled out as a part of the 8 disciplinary action and when progressive discipline procedures are followed. 9

10 3. Any complaint made against an employee, by a parent, a student or other persons 11

which would have the potential of affecting the employee's assignment with the 12 District will be called to the attention of the employee as soon as possible. 13

14 Section 22. Classification 15 16 1. In the event a ParaEducator and/or supervisor, feel(s) that the position has been 17

inappropriately placed based on the knowledge, experience, decision-making 18 authority, supervision, and conditions of the job when compared to employees in 19 other classifications, he/she/they may request a review of the classification placement 20 to the Manager, Compensation and Classified Professional Development in the 21 Human Resources Department. Positions which have been reviewed within the past 22 eighteen (18) months shall not be considered for reclassification unless significant 23 changes in position responsibilities have occurred. 24

25 2. The time periods when review requests may be made are from November 1 through 26

December 1 and from April 1 through May 1 of each school year. 27 28 3. The District will notify the Federation in writing of each classification review request 29

and allow Federation participation in any meetings with the employee regarding the 30 request. The Assistant Superintendent of the Human Resources Department/designee 31 will respond to the employee and the Federation no later than sixty (60) work days 32 following the filing of the appeal. 33

34 4. If the employee(s) disagree(s) with the findings of the classification review, 35

he/she/they may appeal within ten (10) work days of receiving written notice of the 36 findings, to a review committee made up of the Assistant Superintendent of Human 37 Resources or his/her designee, the President of the Federation or his/her designee, and 38 a District employee mutually agreed upon by the parties. 39 40 a. The committee will set a date for an appeal hearing no later than thirty (30) work 41

days following receipt of the appeal. 42 43

b. The “Parties” (District and the employee or employees represented) shall each 44 have twenty (20) minutes to present their appeal or appeal response to the 45

26

committee and/or may submit documents to the committee no later than one week 1 prior to the committee hearing date. 2 3

c. Within forty-five (45) work days, the committee will review the placement and 4 make a recommendation in a written summary to the Superintendent. A majority 5 vote by the committee will be considered as a recommendation. 6 7

5. Written notice of the Superintendent's decision will be sent to each committee 8 member and employee(s) involved within twenty (20) work days after the written 9 recommendation from the Human Resources Department. 10

11 6. If the Federation is not satisfied with the Superintendent's decision, the Federation 12

reserves its right to negotiate the appropriate classification of a position during 13 subsequent negotiations as provided for in this Agreement. 14 15

7. The effective date for classification of new positions shall be the date of the 16 Superintendent's decision except that the District and the Federation may agree to a 17 different effective date in the case of major changes in responsibility. 18

19 8. Individual reclassifications shall become effective at the time of receipt of the request 20

signified by the time-stamped form of receipt; provided, however, that reclassification 21 involving multiple incumbents shall become effective at the beginning of the next 22 fiscal year unless otherwise agreed to by the District and the Federation. 23

24 9. This section does not apply to employees in training programs provided; however, 25

those employees may apply and be considered for advertised position(s) without 26 preference or penalty unless otherwise provided for in the Agreement. 27 28

Section 23. Layoff and Recall 29 30 1. In the event of an impending reduction in force, the District shall notify the 31

Federation at least five (5) work days prior to the Board action and provide an 32 opportunity to discuss alternatives. 33

34 2. When the Board deems it necessary to reduce the ParaEducator work force, seniority 35

will be the basis for the layoff. Exceptions may be made on the basis of program 36 needs and minimum qualifications. Further exceptions may be made for employees 37 when extra costs have been incurred in the training of otherwise less senior 38 ParaEducators, for example autism, multi/ortho, developmental or hearing impaired 39 programs in the Special Education Department. The District must provide the 40 Federation with documentation demonstrating the extra training costs for the 41 employees it wishes to exclude from layoff. 42

43 3. Provisions for one-on-one ParaEducators: The employment status of one-on-one 44

ParaEducators is directly tied to the assigned student’s continued eligibility for 45 services or enrollment with the District. A one-on-one ParaEducator whose position 46

27

is authorized for continuation will not be adversely impacted by displacement or 1 layoff, unless mutually agreed to by the parties. One-on-one ParaEducators will 2 follow their assigned student to a new school assignment for the student. One-on-one 3 ParaEducators are displaced when their assigned student is no longer enrolled in the 4 District or is no longer eligible for one-on-one assistance. 5

6 4. Procedures regarding staff adjustments due to changing District needs and/or budget 7

restrictions are as follows: 8 9 a. Staff adjustments normally include termination of personnel, adjustment of hours 10

and/or reassignment. To implement these adjustments, three (3) processes must 11 occur: 12

13 i. Determination of positions to be eliminated or adjusted in hours. 14

ii. Identification of staff members who will be displaced. 15 iii. Identification of staff members who will be laid off (RIF’d). 16

17 b. The determination of positions to be eliminated or adjusted in hours is based on 18

budget allocations, program and District needs. 19 20 c. The identification of staff members who will be displaced is based on the 21

following factors (in the order noted below): 22 23

i. Location/School Site: Employees with job titles listed below are considered 24 “itinerant.” As a result, their assignments and/or schedules are determined by 25 the funding program and are not tied to individual locations. Any additional 26 positions for consideration will be discussed at Labor Management. 27

28 a. Certified Occupational Therapy Associates 29

30 b. Physical Therapy Associates 31

32 c. Speech Language Pathology Associates 33

34 d. LPN Multi Disabled Program 35

36 e. Interpreters for Hearing Impaired Program 37

38 f. ELL and CTE Programs 39

40 ii. Program Funding 41 42 iii. Job Title 43 44 iv. Seniority: Seniority is as defined in the collective bargaining agreement. 45 46

28

v. Exceptions: Exceptions may be made but must be based on extraordinary 1 student needs, specialized skills, training requirements, critical program 2 continuity issues, or the employee’s ability to perform essential functions of 3 the position. These exceptions may be made only if the District and the 4 Federation mutually agree. 5

6 d. The identification of staff members who will be laid off (RIF’d) is conducted as 7

follows: 8 9

i. A seniority list for all ParaEducators in the District is established. 10 11 ii. Based upon the number of authorized positions available for the coming year, 12

the least senior employees are then identified for layoff. 13 14 iii. Any exceptions to lay off by seniority are subject to the same conditions 15

outlined in the above item v. Exceptions. 16 17

e. Since many ParaEducator positions are categorically funded, information 18 regarding specific funding levels may not be available until late summer. 19 Therefore, computations are based on “available” information. Recognizing the 20 benefits of using the most accurate information, notification to ParaEducators is 21 made by June 1 of each year. 22

23 5. All employees who are laid off will be placed in a layoff pool for a period of one (1) 24

calendar year. The District will recall employees from the layoff pool when eligible 25 before hiring a new employee. Employees in the layoff pool must notify the Human 26 Resources Department in writing of their continuing interest and availability every six 27 (6) months to maintain their status in the layoff pool. If a person turns down two (2) 28 offers of employment, he/she shall be removed from the layoff pool. 29

30 6. The District will provide the Federation with a current layoff pool list upon request. 31 32 7. An employee reinstated from the layoff pool will not lose accumulated seniority due 33

to the layoff. 34 35 8. An employee will retain accumulated sick leave and credit for years of service upon 36

recall from the layoff pool. 37 38

a. The layoff and recall section shall be implemented in accordance with the agreed 39 upon hiring process. If not considered for the position due to lack of minimum 40 qualifications, the person shall remain in the same position in the layoff pool. 41 Subsequent rehiring shall be based upon continuing selection based on the next 42 most senior qualified employee(s). 43

44

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b. In the event an employee is not assigned to a position after one (1) calendar year, 1 that employee may request, in writing to Human Resources, to be maintained in 2 the layoff pool for a second (2nd) calendar year. 3 4

9. Displaced ParaEducators shall have the right to return to their former buildings if a 5 vacant position comes open in the same job title from where the employee was 6 displaced. Employees are responsible for exercising their right of return by notifying 7 the Human Resources office that a position has been posted which they have a claim 8 to return. If an employee chooses not to exercise his/her right of return within twenty-9 four (24) months, that employee will forfeit the right to that position. 10

11 Section 24. Employee Performance 12 13 1. The purpose of the evaluation process is to provide an ongoing evaluation of an 14

employee's performance with the goal of helping all employees to become as skilled 15 as possible and to recognize those employees who excel in their positions. The 16 evaluation process is a collaborative, supportive, and continuous process, and is 17 meant to be used as a way to identify the employee's skill level, knowledge, and 18 working relationships with staff, students and parents in the District and to help the 19 employee to improve performance. It is intended to be used to assist employees to 20 succeed in their positions. 21

22 a. Evaluations for new employees shall be completed within sixty (60) work 23

days of employment date and prior to the end of the school year. Any 24 ParaEducator who changes positions will receive an evaluation within sixty 25 (60) work days. Moving a program from one (1) building/location to another 26 does not constitute a position change nor does a change in supervisor. A 27 position change refers to a change of job title or program. 28

29 b. All ParaEducators will be evaluated at least once each year. 30 31 c. The evaluation shall be completed by the appropriate administrator and/or 32

supervisor. Employees shall be notified in writing by November 1 annually 33 regarding who will be designated as the evaluator. In the event that the 34 employee is not satisfied with the evaluator designated, he/she may request in 35 writing to the Human Resources Department on or before December 1 that an 36 alternative evaluator be assigned. In the event an alternative evaluator is 37 requested; the Human Resources Department will confer with the Federation 38 and the employee regarding the request. 39 40

d. An assigned principal, assistant principal or administrator shall be the 41 evaluator of record. In Head Start and ECEAP programs, the Director of 42 Head Start/ECEAP or his/her designee will designate the appropriate 43 evaluator of record. 44

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e. No member of the bargaining unit shall provide input or be required or asked 1 to evaluate another member of the same unit. 2

3 f. In circumstances in which licensing or certification requirements exist, the 4

administrator shall consult with appropriate certificated personnel, i.e., 5 occupational therapist, speech therapist, R.N. 6

7 g. Each evaluator shall meet with each employee no later than November 15 8

annually in order to acquaint the employee with the process to be followed 9 regarding the annual evaluation, to answer questions pertaining to the format 10 for evaluations and to review general and specific expectations for job 11 performance. An alternative evaluator shall meet with the employee no later 12 than December 15. 13

14 h. In the event a certificated member is asked to take part in the evaluation 15

process, he/she must also have taken part in the November meeting at which 16 time expectations were discussed or within thirty (30) days of the beginning 17 date of the assignment with said certificated staff member(s). 18

19 i. Any staff member asked to provide information or documentation to the 20

evaluator to be included in the evaluation shall be identified on the evaluation 21 form. Other staff members may be asked by the evaluator to participate in the 22 evaluation only if he/she works directly with the employee. 23 24

j. In the event the evaluator requests that a classroom teacher participate in the 25 evaluation, all classroom teachers to whom the ParaEducator employee is 26 assigned may participate equally. The evaluator is responsible for the 27 contents of the evaluation. 28

29 k. In the event that the evaluator anticipates an unsatisfactory or a lowered 30

evaluation when compared to the previous year, the employee will be 31 informed and be given an opportunity to discuss any concerns prior to the 32 inclusion in the evaluation. The evaluator is expected to share with the 33 employee the reasons for any lowered ratings and provide suggestions on how 34 the employee can improve his/her performance, with adequate time to 35 improve performance or challenge the inclusion prior to its placement in the 36 evaluation. 37

38 l. Employees who are to be observed specifically for the purpose of an 39

evaluation must be notified in writing at minimum the day prior to the 40 observation. 41

42 m. The original evaluation shall be maintained by the Assistant Superintendent, 43

Human Resources Department, for review and placement in the employee's 44 personnel file; a copy shall be given to the employee and a copy shall be 45 retained by the evaluator. 46

31

1 n. After discussing the evaluation with the employee, the evaluation shall be 2

signed by the evaluator and by the employee being evaluated. Signature of 3 the employee implies only that the employee has had an opportunity to see the 4 written evaluation. 5

6 o. The employee shall have the right to include a written statement(s) or 7

document(s) as an addendum to the evaluation. This should be noted by the 8 employee on the evaluation form. 9 10

p. All annual performance evaluations shall be completed and submitted to the 11 Human Resources Office no later than five (5) calendar days prior to the close 12 of the school year, subject to the special provision applying to unsatisfactory 13 ratings. Employees assigned to a twelve (12) month work schedule shall 14 receive their evaluation no later than August 31 of each year. 15

16 2. Unsatisfactory Performance/Probation 17 18

a. No employee will be returned to or placed on probationary status for arbitrary and 19 capricious reasons. 20

21 b. If after being provided with suggestions for improvement and the opportunity to 22

improve the employee receives an overall rating of “unsatisfactory,” he/she will 23 be placed on probation by the Superintendent. In addition, the Federation will be 24 notified that the employee is being placed on probation. 25 26

c. Written notice will be provided to the employee of the areas of performance that 27 are unacceptable and the support or reasonable training that will be made 28 available by the District. This plan of improvement shall be reviewed by the 29 Federation and the District prior to implementation. The employee will participate 30 in recommended activities to improve his/her performance. 31 32

d. The employee will be reevaluated within sixty (60) work days. During the 60-day 33 period, the evaluator will meet with the employee at least three times to review 34 the employee’s progress toward improvement. Meetings will be held by the 35 twentieth (20th), fortieth (40th), and sixtieth (60th) work days of the sixty-day 36 period. At the request of the employee a representative of the Federation may be 37 present at each of the referenced evaluation meetings. These reviews shall be 38 provided in writing at each meeting. At the end of the 60-day period the District 39 may: 40

41 i. Issue a new evaluation if the employee has sustained necessary 42

improvement; 43

ii. Extend the probation period prior to reevaluation for an additional thirty 44 (30) days if sufficient improvement in work performance has not been 45 made; or 46

32

iii. Recommend termination if the employee fails to obtain a “satisfactory” 1 rating on the reevaluation. 2

e. An employee who has passed the probationary period and who fails to perform 3 his or her duties to the standards originally required, may again be placed on 4 probation only by the Superintendent for a period not to exceed ninety (90) work 5 days as recommended by the Assistant Superintendent, Human Resources, 6 principal, and/or program director. The probationary period may extend into the 7 following school year if the employee remains in the same program. 8

f. After three (3) years, an employee may request that an unsatisfactory evaluation 9 be removed from his/her personnel file to a separate confidential file, providing, 10 however, no additional unsatisfactory evaluations have been added during that 11 period of time. A document will be placed in the personnel file noting that the 12 evaluation for the year in question was completed and removed per section 13 24(2)(e). 14

15 3. Professional Growth Plan 16

17 a. A ParaEducator who received an acceptable or higher evaluation for three 18

previous school years with the District may request to their supervisor to have the 19 option of participation in the Professional Growth Plan and be exempt from the 20 annual evaluation. Such requests must be made no later than December 1. In the 21 event that the employee’s performance declines significantly after December 1, 22 the supervisor may conduct an evaluation by notifying the employee in writing. 23 Each ParaEducator will be evaluated on the ParaEducator evaluation form at a 24 minimum of once every four (4) years. 25

26 b. Employees funded by federal/state and/or grant-funded programs (i.e., Head Start, 27

ECEAP) may be required to participate in an annual evaluation and a professional 28 growth plan. 29

30 c. ParaEducators who choose to participate in a Professional Growth Plan as part of 31

the performance evaluation process will meet with his/her building supervisor 32 responsible for the employee’s evaluation by December 1 to discuss the plan and 33 incorporate any assistance or recommendations the supervisor may offer. 34

35 d. Following the establishment of the plan, the employee will take primary 36

responsibility for monitoring his/her own professional growth with respect to 37 achieving the goals outlined in the plan. The employee is encouraged to share 38 progress with colleagues who would be able to provide support and assistance in 39 achieving Growth Plan goals. 40 41

42 43 44 45

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Section 25. Leaves 1 2

3 1. Leaves with Pay 4 5

a. Sick Leave: An employee is entitled to accumulate sick leave on the basis of ten 6 (10) days per school year. Sick leave shall apply to illness or injury (including 7 disabilities caused or contributed to by pregnancy, miscarriage, abortion, 8 childbirth and recovery therefrom), or illness or injuries to family members 9 covered by the state Family Care Act, RCW 42.12.265-295. An employee 10 claiming sick leave benefits shall certify to the cause of the absence upon return to 11 service. 12

13 i. An employee claiming benefits of more than five (5) consecutive work days 14

from accumulated sick leave shall submit a medical report the sixth (6) work 15 day of illness and every thirty (30) work days thereafter while the illness 16 persists. In the case of a documented serious or life-threatening illness, 17 follow-up medical reports may be waived. In addition, an employee who 18 demonstrates a sudden change in or an irregular pattern of attendance may be 19 required to submit an initial medical report and follow-up reports. 20

21 ii. In addition, up to three (3) sick leave days per year shall apply to emergencies. 22

23 iii. The following conditions apply to emergencies: 24 25

a. The problem has been suddenly precipitated. 26 27

b. Preplanning is not possible. 28 29

c. Preplanning cannot relieve the necessity for the employee's absence. 30 31

d. The problem is not minor or of mere convenience, but of a serious nature. 32 33

e. Auto trouble shall not be considered an emergency except in case of an 34 accident. 35 36

f. Weather conditions shall not be considered an emergency. 37 38

g. Incarceration shall not be considered an emergency; provided, however, if 39 an employee is later acquitted, in fact, emergency leave will apply and will 40 be paid retroactively. 41

42 iv. Supplemental Condition: At the time of separation from District 43

employment due to retirement, resignation or death, an eligible employee or 44 the employee's estate shall receive remuneration at a rate equal to one (1) day 45 of the employee’s per diem for each four (4) days of accumulated sick leave; 46

34

provided, however, no employee will receive compensation for sick leave 1 accumulated in excess of one (1) day per month or for sick leave not earned. 2

3 b. Bereavement Leave: The Board will allow up to five (5) days of paid 4

bereavement leave at the time of death of any relative residing in the employee's 5 household and/or the following family members: spouse, domestic partner 6 registered with the District’s benefit trust or other government organization, 7 mother, father, daughter, son, siblings, father in law, mother in law, son in law, 8 daughter in law, grandmother, grandfather and grandchild. 9

10 i. The Board will allow up to three (3) days of paid bereavement leave to attend 11

or participate in family services in the event of the death of a sister in law or 12 brother in law. 13

14 ii. The Board will allow one (1) day of paid bereavement leave for attendance at 15

the funeral of an aunt, uncle, nephew or niece. 16 17

iii. Extensions may be granted by the Assistant Superintendent, Human 18 Resources Department, in extenuating circumstances. 19

20 iv. Bereavement leave is non-accumulative. 21

22 c. Family Illness Leave: Employees shall be granted a leave of absence with pay of 23

not more than three (3) days during a school year, when such absence is 24 occasioned by the illness of any relative, including foster or step children, residing 25 in the household of the employee or the following family members which 26 necessitates the presence of the employee: spouse, domestic partner registered 27 with District’s benefit trust or other government organization, mother, father, 28 daughter, son or siblings. The employee will certify to the circumstances of the 29 illness upon return to work. Such leave is non-accumulative and is not to be taken 30 from sick leave. Additionally, benefits of federal and state Family and Medical 31 Leave laws may apply. 32

33 d. Personal Leave: Personal leave will be granted for up to two (2) days per year 34

and is accumulative to a total of six (6) days. The following conditions apply to 35 personal leave: 36

37 i. If an employee is in a position which requires a substitute, said employee must 38

call the Substitute Tracking system at least twenty-four (24) hours in advance 39 of the absence in order to assure the availability of a substitute. 40

41 ii. Leave may not be used to extend a holiday, vacation, or break period or 42

during the first (1st) or last five (5) days of the student school year. 43 44

iii. Leave may not be used for political purposes or en masse meetings/activities. 45 46

35

e. Military Service (National Guard/Reserve Duty) Leave 1 2

i. Any employee who is a member of the Washington National Guard or of any 3 organized reserve or armed forces unit of the United States shall be entitled to 4 and shall be granted military leave of absence from his or her employment for 5 a period not exceeding twenty-one (21) days during each fiscal year. 6

7 ii. Military leave shall be granted in order that the employee may take part in 8

active training duty when required to do so by the military service if such duty 9 cannot be taken during non-work days. 10

11 iii. When military leave is granted, the employee shall receive his or her regular 12

pay from the District. 13 14

f. Jury Duty and Subpoena Leave: Leave of absence with pay is allowed for jury 15 duty. Any compensation received for jury duty performed on work days will be 16 deducted from the employee's salary. 17

18 Leave of absence will be granted when an employee is subpoenaed to appear in an 19 official proceeding, if such proceeding does not involve self-employment, other 20 employment, or an action against the District. 21

22 Any compensation received while an employee is honoring a subpoena will be 23 deducted from regular salary, if it is determined that the employee is entitled to 24 leave of absence. 25

26 2. Leaves Without Pay 27 28

a. Parental and Adoption Leave: A female ParaEducator employee should notify 29 the Human Resources Department by the end of the fourth (4th) month of her 30 pregnancy to assist the Assistant Superintendent, Human Resources, in planning 31 for a replacement. Parental leave shall apply to male and female employees and 32 shall begin at a time determined suitable by the employee and the attending 33 personal physician after consultation with the Assistant Superintendent, Human 34 Resources, or an appointed designee. Insofar as possible, leave shall begin at a 35 time which is consistent with the orderly continuance of the educational program. 36

37 i. When the leave commences, the ParaEducator employee will indicate to the 38

Assistant Superintendent, Human Resources, the length of time he/she 39 anticipates being on leave. A female ParaEducator employee shall not be 40 required to leave work during pregnancy but shall be allowed to work as long 41 as she is capable of performing the duties of her job. 42

43 ii. If the employee returns to work within eight (8) calendar weeks after the birth 44

of the child and has the approval of her personal physician, she may return to 45 her previous assignment. Should the time exceed eight (8) calendar weeks 46

36

after the birth of the child the female employee may return to the first (1st) 1 available vacancy for which she is qualified. 2

3 iii. Parental leave shall not extend beyond eighteen (18) months of the date on 4

which the child was born or adopted, or the beginning of the next 5 semester/quarter after the eighteen (18) months of leave. Parental leave may 6 be shared by the parents if it does not exceed the amount of leave available 7 under the contract. 8

9 iv. A ParaEducator employee who is legally adopting a child (six (6) years or 10

younger) may have the privileges of parental leave. The leave shall commence 11 as soon as the child has been released to the care of the adopting parent(s). An 12 employee may choose to use paid sick leave and extraordinary leave before or 13 after the actual adoption for up to six (6) weeks if the adoption occurs within 14 the United States or up to eight (8) weeks if the adoption occurs outside the 15 United States up to the amount of his/her accrued paid leave. A ParaEducator 16 employee on parental leave for adoption may return to the first available 17 vacancy for which he/she is qualified. Reinstatement to previous assignment 18 shall be no later than the beginning of the following semester. 19

20 b. Political Leave: Upon request, employees may be granted political leave in 21

accordance with the following provisions: 22 23

i. With three (3) weeks' notice, an employee may be granted up to four (4) weeks 24 of continuous leave without pay for the purpose of campaigning for election. 25 If the employee is not elected to the political office, the employee shall return 26 to the same position held prior to the leave. 27

28 ii. If the employee is elected to the office, the Board may return the employee to 29

the same or mutually agreed upon position until such time that the elected term 30 of office necessitates leaving the assignment. 31

32 iii. Any employee may hold a political office and continue as an employee as long 33

as it does not interfere with an assignment. 34 35

iv. The Board may extend to the employee who is elected to a political office a 36 leave of absence without pay up to one (1) year. An employee may request an 37 extension of political leave annually. 38

39 v. At the conclusion of political leave, the employee will be given the same 40

consideration for returning to the position of last assignment. It will be 41 assumed that the employee wishes to return to the position of last assignment 42 unless the Superintendent is notified in writing by March 18, prior to the 43 expiration of the leave. 44

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vi. If reassignment is necessary, a conference will be held to endeavor to find an 1 assignment that is mutually agreeable. Political leaves may be granted for one 2 (1) year or a fraction of a year. Upon the return from this type of leave, the 3 employee may be returned to the same position. If political leave is extended 4 beyond one (1) year, the employee's right to return to the original position 5 cannot be guaranteed. 6

7 c. Military Service (Active Duty) Leave: Any employee who volunteers, is 8

inducted, or is recalled into active military duty shall be considered to be on a 9 leave of absence without pay for the period of such service not to exceed five (5) 10 years. If the employee requests reemployment within ninety (90) days of 11 honorable discharge from such military service or after having presented other 12 proof of having satisfactorily completed service, the employee shall be reinstated 13 and restored, as nearly as existing circumstances permit, to the position previously 14 held or to a position of like seniority, status and pay. Provided, that the District 15 need not reemploy such person if circumstances have so changed as to make it 16 impossible, unreasonable, or against the public interest to do so; provided, further, 17 that this section shall not apply to a temporary position. 18

19 If a person is not qualified for the old position as a result of disability sustained 20 during military service, but is nevertheless qualified to perform the duties of 21 another position under the control of the District, the employee shall be 22 reemployed in such other position; provided that such position shall provide like 23 seniority status and pay, or the nearest approximation thereto consistent with the 24 circumstances of the case. 25

26 d. Leave of Absence 27 28

i. An employee may be granted a leave of absence without pay not to exceed 29 one (1) year after a completion of three (3) years of service to the District as a 30 ParaEducator for the purpose of study or recuperation. 31

32 ii. A leave of absence without pay to study entitles a ParaEducator to a normal 33

salary increment provided that during the leave period a minimum of thirty-34 three (33) quarter hours or twenty-two (22) semester hours of college credit 35 has been earned. 36 37

iii. An employee granted a leave of absence in accordance with this section may 38 return to his/her assignment at the conclusion of the leave provided that the 39 leave is not more than 182 days during the same school year. During the term 40 of the leave, the District may fill the position with a temporary or substitute 41 replacement. 42

43 It is understood that the position does not have to be advertised or filled with a 44 replacement. 45

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iv. An employee who has successfully completed his or her initial probationary 1 period and has less than three (3) years of service with the District may apply 2 for a leave of absence without pay not to exceed one (1) year for the purpose 3 of study or recuperation. An employee granted a leave of absence in excess of 4 three (3) months relinquishes all return rights to his or her assignment, and the 5 employee will be considered displaced and subject to reassignment. 6

7 Section 26. Damage to Car/Damage or Loss to Personal Property 8 9 1. Damage to a vehicle parked in the school setting shall be covered by the individual’s 10

insurance policy. All damages due to acts of God are the employee’s responsibility. 11 However, when an employee’s vehicle is damaged in a school setting by vandalism, 12 which includes a reportable hit-and-run incident, the District will reimburse the 13 amount of the employee’s deductible to a maximum of $1,000. Employees who have 14 vehicles which are not covered by insurance shall receive the same benefit. Damage 15 to an employee’s vehicle by the District, or as the result of a District action, will be 16 fully covered per the District’s coverage agreement in force at the time of the 17 incident. 18

19 a. A police report must be filed and copy of said report must be provided to the 20

District within 48 hours of the incident. 21 22 b. The reimbursement shall be a $1,000 maximum reimbursement of actual expenses 23

for each loss. 24 25

c. If the employee files a claim to his/her insurance carrier, the District will 26 coordinate insurance benefits. 27 28

d. An employee must submit his/her claim on a form provided by the District. The 29 claim for reimbursement must be made to the District within fifteen (15) days of 30 the loss or damage, or the claim is waived. 31

32 e. The total obligation for reimbursement by the District for all participating 33

bargaining units is $25,000 for each fiscal year. 34 35 2. The District will reimburse an employee for damage or loss of personal property, 36

including such things as eyeglasses and watches, or personal instruction/educational 37 equipment used by the employee in the course of his/her employment pursuant to the 38 following conditions: 39

40 a. A police report, if applicable, must be filed and copy of said report must be 41

provided to the District within 48 hours of the incident. 42 43 b. The reimbursement shall not exceed $1,000 for each loss. 44 45 c. Reimbursement shall be based upon a reasonable estimate of current value. 46

39

1 d. The District may, at its discretion, require an employee to show reasonable 2

evidence of theft or damage. 3 4

e. An employee must take reasonable care to protect his/her personal 5 instructional/educational equipment. 6

7 f. Loss or theft of cash will not be covered. 8

9 g. If the loss is covered by an insurance policy carried by the employee, such 10

insurance must be used prior to making a claim to the District. 11 12

h. An employee must submit his/her claim on a form provided by the District. The 13 claim for reimbursement must be made to the immediate supervisor/principal 14 within thirty (30) days of the loss or damage or the claim is waived. 15 16

i. The District’s obligation under this section is a maximum of $20,000 for each 17 year of the contract for all participating bargaining units. 18

19 ARTICLE VII 20

DISCIPLINE AND DISCHARGE 21 22 Section 27. Guidelines 23 24 1. No employee shall be disciplined or discharged without just cause. 25 26 2. The District shall not discipline or discharge any employee for arbitrary or capricious 27

reasons. 28 29 3. Discipline shall be corrective rather than punitive, and with the exception of gross 30

misconduct, follow progressive steps. 31 32 4. Whenever the District has reason to reprimand an employee it shall be done in a 33

reasonable manner which will, whenever possible, avoid the embarrassment of the 34 employee before other employees or the public. 35

36 5. Before administering discipline the District will afford the employee full due process 37

including a fact-finding meeting. 38 39 6. The District will notify an employee prior to a meeting set up for possible disciplinary 40

action so that the employee may obtain Federation representation. If representation is 41 not available, the meeting will be rescheduled to a mutually agreeable time. 42

43 7. Should an employee choose to grieve any discipline or discharge, the District shall 44

not retaliate, discriminate against him or her, or otherwise intimidate him or her for 45 such action. 46

40

1 8. Should an alleged offense rise to the level of gross misconduct, and in the District's 2

view, the alleged offender poses a potential threat to the safe and orderly functioning 3 of the District, the District may, at its own discretion, place the individual on paid 4 administrative leave until such time as an investigation can be completed. 5

6 9. Any employee being disciplined or discharged shall be entitled to full and complete 7

written notification, stating the precise reasons for the disciplinary action. 8 9 Section 28. Progressive Discipline 10 11 1. Discipline shall be progressive in nature as applied to the specific facts of the case 12

involved. 13 14 2. With the exception of gross misconduct, discipline will follow a pattern of: 15 16

a. a written confirmation of a verbal warning, 17 18 b. a written reprimand, 19

20 c. suspension without pay, and 21

22 d. dismissal. 23

24 3. Examples of gross misconduct include theft, embezzlement, falsification of District 25

documents, assault of a student or fellow employee, substance abuse, or flagrant 26 disregard for clear and well-publicized District policies. 27

28 4. At the District's discretion, a Last Chance Agreement may be issued in lieu of 29

termination. 30 31 5. Should there be no reoccurrence of discipline, the employee may request that the 32

record be removed from the employee’s personnel file eighteen months from the date 33 of said discipline. Such requests shall be considered at the District's discretion and 34 within legal and policy restrictions. If denied, the employee will be informed of the 35 reason for the denial in writing within fifteen (15) days. Denials will not be arbitrary 36 or capricious. 37

38 6. Last Chance Agreements and other discipline decline in relevance as time passes 39

depending on the employee’s behavior. 40 41

42 43 44

45 46

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ARTICLE VIII 1 FURTHER PROVISIONS 2

3 4 Section 29. Agreement Clause 5 6 This Agreement expressed herein in writing constitutes the full and complete Agreement 7 between the Board and the Federation and this Agreement shall supersede any rules, 8 regulations, policies, resolutions, or practices of the District which shall be contrary to or 9 inconsistent with its terms. Any Memoranda of Understanding between the parties 10 executed prior to the effective date of this Agreement are no longer in effect, unless they 11 have a specific expiration date during the term of this Agreement. 12 13 Section 30. Savings Clause 14 15 1. If any provision of this Agreement or any application of this Agreement to any 16

employee or group of employees should be found contrary to law, then such provision 17 or application shall not be deemed valid and subsisting except to the extent permitted 18 by law, but all other provisions or application shall continue in full force and effect. 19

20 2. It is the intent of the parties that the limitation in State law on compensation and 21

benefits shall apply to this bargaining unit as a whole so that a violation will not 22 adversely affect any other bargaining unit or the District. 23

24 3. If the District would be in violation of state law or would incur any penalty or 25

decrease in state support as a result of the compensation and/or benefits provided 26 herein, the excess compensation and benefits provided shall be reduced to the 27 maximum amount legally allowable without the District incurring any penalty or 28 reduction in support. The reduction in compensation shall be made on a prorata basis 29 among all employees who received an increase in compensation under the collective 30 bargaining agreement. The reduction in insurance benefits shall be made by reducing 31 the maximum benefit being received by any employee to the point where the District 32 is in compliance with the law. Any overpayment in compensation and/or benefits 33 may be collected from the employee or offset against future payments as determined 34 by the District after meeting with the Federation. If a final and binding decision is 35 made declaring any compensation or benefit limitation unlawful, provisions of this 36 contract affected by the ruling shall be reopened and the District and the Federation 37 shall renegotiate the provisions in accordance with the law. A final and binding 38 decision is a final decision of the Supreme Court of the State of Washington, or a 39 final decision of the Superior Court, State of Washington, in an action in which the 40 District is a party and which is not appealed within the time permitted by law. 41

42 Section 31. Amendment Clause 43 44 This Agreement may be reopened for amendment only by the mutual consent of the 45 Board and the Federation. 46

42

Section 32. Copies of Agreement Clause 1 2 1. The District will endeavor to post on the District website a copy of this Agreement 3

and any amendments thereto no later than forty-five (45) work days following the 4 execution of the Agreement by the District and the Federation. 5

6 2. The District will provide the Federation with seventy-five (75) hard copies of the 7

Agreement, and additional copies upon request and any amendments thereto. 9 Section 33. Duration Clause 10 11 This Agreement shall be in full force and effect from September 1, 2017 to August 31, 12 2020 provided however, that in the event of a levy failure or significant loss of state or 13 federal funding, applicable section(s) of the Agreement may be reopened at the request of 14 either party. 15 16 Section 34. Reopeners 17 18 This Agreement shall be reopened at the request of either party to consider the impact of 19 legislation enacted following the execution of this Agreement which affects the terms and 20 conditions herein. 21

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APPENDIX II

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APPENDIX II

APPENDIX III

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APPENDIX IV

APPENDIX V ParaEducator Performance Assessment

Original - Human Resources; Copy - Employee; Copy - Supervisor Rev. 8/13 52

Employee Name

Employee Number

Annual Probation Transfer Sixty (60) working days

Location

Position

Evaluation Date

Academic Year

Evaluator

Contributing Evaluators

Rating Key: 1 - Unsatisfactory 2 - Needs Improvement

3 - Meets Expectations 4 - Exemplary NA - Not Applicable

Ratings of 1, 2, and 4 must include specific examples in the spaces provided for comments.

1. Relationships: Students, Parents, and Staff 1 2 3 4 NA

A. Establishes and maintains appropriate relationships and boundaries with:

Students

Parents

Staff

B. Respects and values the unique individual needs and diversity of:

Students

Parents

Staff

Comments:

2. Job Skills 1 2 3 4 NA

A. Follows applicable safety procedures

B. Follows applicable District/School/Program policies and procedures

C.

Demonstrates effective problem-solving and judgment in responding to specific issues related to student achievement, including when to act on his/her own or refer to appropriate supervisor

D. Utilizes range of strategies to effectively perform duties

E. Effectively applies technical knowledge and/or skills required to perform duties

F. Demonstrates interest, initiative, and follow-through on assignments

Comments:

APPENDIX V ParaEducator Performance Assessment

Original - Human Resources; Copy - Employee; Copy - Supervisor Rev. 8/13 53

3. Communication 1 2 3 4 NA

A. Demonstrates appropriate confidentiality

B. Uses clear, appropriate oral and written language

C. Communicates clear directions effectively

Comments:

4. Attendance and Punctuality 1 2 3 4 NA

A. Practices good attendance habits.

B. Comes to work on time and demonstrates high degree of punctuality during the workday.

Comments:

5. Overall Rating for the Academic Year 1 2 3 4

Overall performance including relationships, job skills, communication, attendance, and punctuality

Goals and objectives for next evaluation period: Additional comments: Evaluator Signature Date The signature below does not necessarily imply that the employee agrees with the preceding report but only that he/she has seen and discussed it with the evaluator/supervisor. (Employee may attach comments to this evaluation, if desired. Employee Signature Date The following may be completed at the employee's option:

I agree with the evaluation I disagree with the evaluation Employee's addenda attached Employee's addenda to follow

Original - Human Resources; Copy - Employee; Copy – Supervisor Rev. 8/13 54

ParaEducator Professional Growth Plan

For purpose(s) of: ☐ Evaluation ☐ Professional Development ☐ Both

APPENDIX VI

Name: School Year: School/Subject(s):

Proposed Goal #1:

Aligns with Strategic Goal(s): ☐ Academic Excellence ☐ Partnerships ☐ Early Learning ☐ Safety

Professional Development steps you will take to accomplish this goal

Proposed timeline to complete the steps Professional Development you have already

taken to apply toward this goal

Proposed Goal #2:

Aligns with Strategic Goal(s): ☐ Academic Excellence ☐ Partnerships ☐ Early Learning ☐ Safety

Professional Development steps you will take to accomplish this goal

Proposed timeline to complete the steps Professional Development you have already

taken to apply toward this goal

Proposed Goal #3:

Aligns with Strategic Goal(s): ☐ Academic Excellence ☐ Partnerships ☐ Early Learning ☐ Safety

Professional Development steps you will take to accomplish this goal

Proposed timeline to complete the steps Professional Development you have already

taken to apply toward this goal

Employee Signature Date Evaluator Signature Date Principal/Supervisor Signature Date

APPENDIX VII Classified ParaEducator Staff Compensation for

Covering a Certificated Staff Class or Head Start / ECEAP Class

55

To: Payroll Office

From: Employee ID No.

Position: Location:

Absence Management Job No.

B. SPECIAL ACCOUNTING: Enter the new accounting information only if the accounting is to be overridden:

Company Accounting Unit Account Activity Category

Be sure all appropriate signatures appear below before submitting this form to the Payroll Office

Employee’s Signature Date Administrator’s Signature (BRC Authority) Date

PLEASE NOTE: Requests received in the Payroll Office by the end of each pay period will normally be processed for pay on the following pay period. Pay will be included on the pay warrant under Pay Code “Cls Cov.”

PLEASE SUBMIT THIS FORM TO THE PAYROLL OFFICE WITHIN 2 WEEKS. RETAIN A COPY FOR YOUR RECORDS.

UP TO FIVE (5) DAYS PER FORM MAY BE SUBMITTED

A. Based on Article VI, Section 17, additional compensation is hereby requested for providing class coverage on the following date(s):

PLEASE CHECK ONE:

ParaEducator ☐ Total Hours x $10.00 =

(Regular pay and $10/hour for each occurrence)

Head Start/ECEAP ParaEducator ☐ Total Hours x $ 2.75 =

(Regular pay and $2.75/hour for each occurrence

Date(s)

Hours

For a class normally assigned to: (Associate’s/Teacher’s full name)

HED Earnings Code: CLCV/229

APPENDIX VIII

56

Tacoma Public Schools ParaEducator Pre-Approved Request to Perform Extra Work for Compensatory Time/Extra Pay

PRIOR APPROVAL REQUIRED

Date Submitted Employee Name Employee ID# School/Site Location Directions: Submit one form for each payroll period for days you worked over your regular hours.

Date(s) Total Extra Hours

Extra Hours

Reason for extra hours:

Employee: Select method of reimbursement:

☐ Pay: For extra work hours, up to and including 40 hours, reimbursement is at regular hourly rate.

☐ Compensatory Time: For extra work hours, up to and including 40 hours, compensatory time is at

regular hourly rate.

OR,

☐ Pay: For extra work hours over a 40-hour week, reimbursement is at rate of 1.5 hours for each 1.0 hour

over 40 hours/week.

☐ Compensatory Time: For extra work hours over a 40-hour week, compensatory time is 1.5 hours for

each 1.0 hour over 40 hours/week.

Requestor Signature Date Supervisor Authorization Date BRC Authorization Date

Copies to Payroll, Supervisor, Employee Rev. 07/13

Copies: BRC Authority, Payroll, Employee 57 Revised: 08/13

APPENDIX IX CELL PHONE TEXT STIPEND

AUTHORIZATION FORM

EMPLOYEE NAME EMPLOYEE ID # (Last) (First) JOB TITLE ____________________________________________ LOCATION # CELL PHONE NUMBER EMPLOYEE SCHOOL/DEPARTMENT Name of Identified Student (if not completed, form will be returned):

$10 per month Cell Phone “Texting” stipend (DHH Interpreters Only) - Job responsibilities require the employee to use their personally-owned cell phones to text students based upon need during scheduled work hours. The monthly cell phone stipend shall be paid in the first payroll period of each month.

• Stipends shall be charged to the default accounting of the employee (i.e., the BRC where the employee is charged)

• This is a non-accountable plan, therefore additional receipts and documentation are not required.

• Cell phone stipend is not eligible for reporting to the Department of Retirement Systems.

• Cell phone stipend is subject to applicable payroll taxes.

• Requests for retroactive stipends will not be considered.

• Cell phone and accessories furnished by the employee.

By accepting the monthly cell phone “texting” stipend, I do hereby agree to use my own personal cell phone so that I may be in contact with the identified student during regularly scheduled work day. I agree to have a working cell phone and to furnish the District with a valid working cell phone number at all times. I further agree to contact my supervisor and payroll office if I change or cancel cell phone services. Failure to contact the payroll office may result in a repayment of the stipend.

Employee Signature Title Date

By authorizing the monthly cell phone stipend, I do hereby agree to keep a valid cell phone number on file for the employee listed above. I agree to contact the payroll office to discontinue the stipend when appropriate (job change or employee canceled his/her cell phone services).

BRC Authority Title Date

Cabinet Member Signature Date

PAYROLL: STIPEND SET-UP (Initial) (Date)